Handling Residential Real Estate Transactions in Massachusetts
Your best guide for doing the deal

- Product Number: 1970312B00
- Publication Date: 5/31/2023
- Edition: 5th Edition 2023
- Copyright: © 2023 MCLE, Inc.
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Product Description
Product Description
This trusted resource since 1997 offers essential guidance for handling a residential real estate transaction in Massachusetts from start to finish. Practitioners experienced in the residential real estate field take you through all the details—from the initial meeting with your client to the closing table, and every step along the way. Understand the nuts and bolts of the purchase and sale agreement, financing, home inspections and environmental issues, title insurance, and deeds.
Recent updates:
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Update: April 2021
Dear Subscriber:
Thank you for keeping your practice library up-to-date with the 2021 supplement to Handling Residential Real Estate Transactions in Massachusetts .
Just some of the key updates in this supplement include
- tips for explaining to your client the risks and benefits of waiving the home inspections and mortgage contingencies (see chapter 1);
- extensive new materials on solar panel systems, heat pumps, and whole-house ventilation systems (see chapter 4);
- a detailed and updated checklist of the issues involved when taking title through foreclosure (see chapter 5); and
- a reminder that when arranging for closing documents to be signed electronically, you must first confirm that your transmission method is compliant with Massachusetts data protection laws (see chapter 8).
We at MCLE trust that you will find this updated material useful in your daily practice and valuable in keeping your real estate law library current.
Cordially,
Alexis J. LeBlanc, Esq., MCLE Publications Attorney
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Update: July 2019
Dear Subscriber:
Thank you for keeping your practice library up-to-date with the 2019 supplement to Handling Residential Real Estate Transactions in Massachusetts . Some of the many updates in this supplement include
- new tips for the attorney's first contact or meeting with a residential real estate client (see Chapter 1),
- an updated checklist for representing a seller at the purchase and sale conference (see Chapter 1),
- brand-new materials on conducting remote title examinations, including county-by-county information (see Chapter 5), and
- guidance on resolving title defects to ensure a timely closing (see Chapter 8).
We at MCLE trust that you will find this updated material useful in your daily practice and valuable in keeping your real estate law library current.
Cordially,
Alexis J. LeBlanc, Esq., MCLE Publications Attorney
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Update: March 2017
Dear Subscriber:
Thank you for keeping your practice library up-to-date with the 2017 revised edition of Handling Residential Real Estate Transactions in Massachusetts . Some of the many new topics covered in the book include
- the new TILA-RESPA Integrated Disclosure (TRID) rule,
- the Massachusetts Stretch Code, which requires that municipalities adopt advanced energy conservation codes for buildings,
- 2015 Mass. Acts c. 141 (known as the "Ibañez" statute),
- Pinti v. Emigrant Mortgage, Co., 472 Mass. 226 (2015), and
- the various types of tax liens that the Commonwealth can impose on real property.
We at MCLE trust that you will find this updated material useful in your daily practice and valuable in keeping your real estate law library current.
Cordially,
Alexis J. LeBlanc, Esq., MCLE Publications Attorney
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Update: April 2021
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Table of Contents
Table of Contents
expand allChapter 1 expandOverview of the Attorney’s Role
Buy ChapterChecklist 1.1
- Purchase and Sale Conference Checklist for Representing Seller Buy FormChecklist 1.2
- Buyer’s Checklist for Purchase and Sale Agreement Buy FormChecklist 1.3
- Buyer’s Condominium Checklist (Supplement to Buyer’s Checklist for Purchase and Sale Agreement) Buy FormChecklist 1.4
- Checklist of Typical Contents of Initial Letter to Seller Client Buy FormChecklist 1.5
- Checklist of Typical Contents of Initial Letter to Buyer Client Buy FormChapter 2 expandThe Contracts: The Offer to Purchase and the Purchase and Sale Agreement
Buy ChapterExhibit 2A
- Property Transfer Lead Paint Notification and Property Transfer Notification Certification Buy FormExhibit 2B
- GBREB Form: Offer to Purchase Contingency Addendum Buy FormExhibit 2C
- REBA Form 9A: Lead Paint Rider for Residential Property Constructed Prior to 1978 Buy FormExhibit 2D
- Tenant Lead Law Notification and Tenant Certification Form Buy FormExhibit 2E
- GBREB Form: Offer to Purchase Real Estate Buy FormExhibit 2F
- REBA Form 9: Offer to Purchase Real Estate Buy FormExhibit 2G
- Sample Purchase and Sale Agreements Buy FormExhibit 2H
- REBA Ethical Standard No. 1: Consideration Recited in Deeds Buy FormExhibit 2I
- REBA Practice Standard No. 19: Home Equity Loan Discharges Buy FormExhibit 2J
- REBA Practice Standards Nos. 1, 5, and 7 (Adjustments) Buy FormExhibit 2K
- Sample Use and Occupancy Agreement (Buyer) Buy FormExhibit 2L
- Sample Use and Occupancy Agreement (Seller) Buy FormChapter 3 expandFinancing a Residential Real Estate Transaction
Buy ChapterChecklist 3.1
- Checklist for Residential Real Estate Closing Buy FormExhibit 3A
- Loan Estimate Buy FormExhibit 3B
- Fixed and Adjustable Rate Notes Buy FormExhibit 3C
- ReservedExhibit 3D
- Uniform Residential Loan Application Buy FormExhibit 3E
- Lead Paint Agreement Buy FormExhibit 3F
- Attorney General’s Consumer Protection Disclosure Forms Buy FormChapter 4 expandDue Diligence: Home Inspections and Environmental and Land Use Law
Buy ChapterChecklist 4.1
- Checklist for Environmental Review of Residential Property Buy FormChecklist 4.2
- Checklist for Purchasing a Residential Building Lot Buy FormExhibit 4A
- Sample Home Inspector’s Form Buy FormExhibit 4B
- Home Inspection Report Minimum Standards Buy FormExhibit 4C
- MassDEP Guide: Buying or Selling Property with a Septic System Buy FormExhibit 4D
- MassDEP Guidance on Inspection of Subsurface Sewage Disposal Systems Buy FormExhibit 4E
- MassDEP Subsurface Sewage Disposal System Inspection Form Buy FormExhibit 4F
- MassDEP Consumer Protection Tips on Septic System Inspections and Repairs Buy FormExhibit 4G
- Property Transfer Lead Paint Notification Buy FormExhibit 4H
- Tenant Lead Law Notification Buy FormExhibit 4I
- Anatomy of a House Buy FormExhibit 4J
- ReservedExhibit 4K
- REBA Septic System Inspection Rider Buy FormExhibit 4L
- G.L. c. 111, §§ 189A–199B: The Massachusetts Lead Law Buy FormExhibit 4M
- Department of Public Health Summary of 1994 Amendments to Lead Law Buy FormExhibit 4N
- Data Brief: Childhood Lead Exposure in Massachusetts Buy FormExhibit 4O
- The Lead-Safe Certified Guide to Renovate Right Buy FormExhibit 4P
- Lead-Safe Renovation Contractor Property Owner’s Checklist Buy FormExhibit 4Q
- Sample Oil Leak Insurance Policy Buy FormExhibit 4R
- MassDEP Fact Sheet: Homeowner Heating Oil System Upgrade and Insurance Law Buy FormExhibit 4S
- Energy Star Qualified Homes Thermal Bypass Inspection Checklist Buy FormExhibit 4T
- Massachusetts Department of Energy Resources Stretch Code Modeling and Analysis Buy FormExhibit 4U
- Unit Deed Buy FormChapter 5 expandTitle Examinations and Title Issues
Buy ChapterChecklist 5.1
- Checklist for Examining a Recorded Land Title Buy FormChecklist 5.2
- Checklist for Examining a Registered Land Title Buy FormChecklist 5.3
- Checklist for Taking Title Through Foreclosure Buy FormExhibit 5A
- REBA Title Standard No. 1: Period of Search Buy FormExhibit 5AA
- REBA Title Standard No. 38: Attachments of Trust Property Buy FormExhibit 5B
- Affidavit of Mortgage Repayment Buy FormExhibit 5BB
- REBA Title Standard No. 65: Undischarged Confirmatory Mortgages and Collateral Assignments of Rents/Leases Buy FormExhibit 5C
- REBA Form No. 15G: Discharge of Mortgage by Attorney’s Affidavit Buy FormExhibit 5CC
- REBA Title Standard No. 55: Massachusetts Tax Liens (Recorded) Buy FormExhibit 5D
- Good Funds Statute: G.L. c. 183, § 63B Buy FormExhibit 5DD
- REBA Title Standard No. 54: Federal Tax Liens (Recorded) Buy FormExhibit 5E
- REBA Title Standards Nos. 18 and 19: Municipal Liens Buy FormExhibit 5EE
- 830 C.M.R. § 62C.50.1: Lien on Property Buy FormExhibit 5F
- G.L. c. 93, § 70: Mortgage Transactions Buy FormExhibit 5FF
- Affidavit of Exemption from Federal Tax Lien Buy FormExhibit 5G
- REBA Title Standard No. 3: Federal Estate Tax Liens Buy FormExhibit 5GG
- REBA Title Standard Nos. 62, 63, and 64: Mechanic’s Liens Buy FormExhibit 5H
- REBA Form No. 32: Affidavit Pursuant to G.L. c. 65C, § 14(a) Buy FormExhibit 5HH
- Affidavit Regarding Homestead Buy FormExhibit 5I
- REBA Title Standard No. 61: Massachusetts Estate Tax Liens with Respect to Transfers for Inadequate Consideration Buy FormExhibit 5II
- REBA Form 16: Declaration of Homestead Buy FormExhibit 5J
- REBA Title Standard No. 24: Massachusetts Estate Tax Liens Buy FormExhibit 5JJ
- REBA Title Standard No. 74: Irregularities in Condominium Unit Deeds and Floor Plans Buy FormExhibit 5K
- REBA Title Standard No. 50: Pretermitted Issue Buy FormExhibit 5KK
- REBA Title Standard No. 52: Extension of Restrictions Buy FormExhibit 5L
- REBA Form 58: Deed of Distribution—M.G.L. c. 190B, § 3-907 Buy FormExhibit 5LL
- REBA Title Standard No. 57: Private Restrictions Buy FormExhibit 5M
- REBA Form 57A: Affidavit Regarding Note Secured by Mortgage to Be Foreclosed (for Mortgages Which Have Been Assigned) Buy FormExhibit 5MM
- REBA Title Standard No. 16: Acknowledgments Buy FormExhibit 5N
- REBA Form 57B: Affidavit Regarding Note Secured by Mortgage to Be Foreclosed (for Mortgages Which Have Not Been Assigned) Buy FormExhibit 5O
- REBA Title Standard No. 42: Signatory Authority for Documents Executed on Behalf of Entity Mortgage Holders and Their Attorneys in Fact Buy FormExhibit 5P
- Affidavit of Sale Buy FormExhibit 5Q
- REBA Title Standard No. 34: Powers of Attorney Buy FormExhibit 5R
- Waiver of Notice Buy FormExhibit 5S
- REBA Title Standard No. 28: Release of Right of Redemption After Foreclosure with Respect to a Federal Tax Lien Buy FormExhibit 5T
- Request for Waiver of Right of Redemption Buy FormExhibit 5U
- Moratorium Affidavit Buy FormExhibit 5V
- Deed in Lieu of Foreclosure Buy FormExhibit 5W
- Affidavit of Estoppel and Solvency Buy FormExhibit 5X
- REBA Title Standard No. 30: Bankruptcy Transfers Buy FormExhibit 5Y
- REBA Title Standard No. 21: Scriveners’ Errors Buy FormExhibit 5Z
- REBA Title Standard No. 33: Transfers by Trustee Buy FormChapter 6 expandTitle Insurance Basics
Buy ChapterExhibit 6A
- ALTA Owners Policy Jacket (1992 Form) Buy FormExhibit 6AA
- ALTA Homeowner’s Policy of Title Insurance (Revised October 22, 2003) Buy FormExhibit 6B
- Owner’s Policy of Title Insurance Buy FormExhibit 6BB
- Chart: Comparison of ALTA Standard and Homeowner’s (Expanded Protection) Policies Buy FormExhibit 6C
- ALTA Loan Policy Jacket (1992 Form) Buy FormExhibit 6CC
- ALTA 19 Series Endorsements Buy FormExhibit 6D
- Loan Policy of Title Insurance Buy FormExhibit 6DD
- ALTA 3 Series Endorsements Buy FormExhibit 6E
- Schedules A and B for Owners and Lenders Buy FormExhibit 6EE
- ALTA 17 Series Endorsements Buy FormExhibit 6F
- Property Description Sheet Buy FormExhibit 6FF
- ALTA 9 Series Endorsements Buy FormExhibit 6G
- Secondary Mortgage Market Endorsement Buy FormExhibit 6H
- ALTA Endorsement Form 9 Buy FormExhibit 6I
- ALTA Endorsement Form 8.1 Buy FormExhibit 6J
- ALTA Endorsement Form 7 Buy FormExhibit 6K
- ALTA Endorsement Form 6 Buy FormExhibit 6L
- ALTA Endorsement Form 6.2 Buy FormExhibit 6M
- ALTA Endorsement Form 5 Buy FormExhibit 6N
- ALTA Endorsement Form 4.1 Buy FormExhibit 6O
- Master Endorsement Buy FormExhibit 6P
- “Date Down” Endorsement Buy FormExhibit 6Q
- Notice of Availability of Owner’s Title Insurance Buy FormExhibit 6R
- Sample Affidavit Required by the Title Insurer to Provide Coverage Requested by the Lender Buy FormExhibit 6S
- Survey Affidavit Buy FormExhibit 6T
- Surveyor’s Report Form Buy FormExhibit 6U
- Residential Limited Coverage Policy Jacket Buy FormExhibit 6V
- Summary of Castle Enhanced Coverage Policies for One-to-Four Family Residences Buy FormExhibit 6W
- Chart: Castle Enhanced and ALTA Policies Compared Buy FormExhibit 6X
- Castle Enhanced Coverage Owner’s Policy Jacket Buy FormExhibit 6Y
- Castle Enhanced Coverage Loan Policy Jacket Buy FormExhibit 6Z
- ALTA (CATIC) Expanded Coverage Residential Loan Policy Buy FormChapter 7 expandDeeds
Buy ChapterExhibit 7A
- REBA Title Standard No. 77: Prior Owner Automatic Homestead or Declared Homestead Buy FormChapter 8 expandClosings
Buy ChapterExhibit 8A
- Sample Introductory Letter 1 Buy FormExhibit 8AA
- Agreement Between Buyer and Seller Regarding Real Estate Taxes and Utilities Buy FormExhibit 8B
- Sample Introductory Letter 2 Buy FormExhibit 8BB
- Name Affidavit Buy FormExhibit 8C
- Sample Introductory Letter 3 Buy FormExhibit 8CC
- Occupancy Affidavit Buy FormExhibit 8D
- Payoff Request Buy FormExhibit 8DD
- Compliance Agreement Buy FormExhibit 8E
- Request for Hazard Insurance Binder Buy FormExhibit 8EE
- Smoke Detector and Carbon Monoxide Detector Certification and Indemnification Agreement Buy FormExhibit 8F
- Title Commitment Buy FormExhibit 8FF
- Lead Paint Indemnification Buy FormExhibit 8G
- Sample Closing Protection Letter Buy FormExhibit 8GG
- Declaration of Homestead for Homes Owned by Natural Persons Buy FormExhibit 8H
- Plot Plan Buy FormExhibit 8HH
- Declaration of Homestead for Homes Owned by Trustee(s) Buy FormExhibit 8I
- Municipal Lien Certificate Buy FormExhibit 8II
- Foreign Investment Real Property Tax Act Affidavit Buy FormExhibit 8J
- Title 5 Official Inspection Form Buy FormExhibit 8JJ
- Information for Real Estate 1099-S Report Filing Buy FormExhibit 8K
- Request for Certificate of Condominium Insurance Buy FormExhibit 8KK
- Attorney’s Certification of Title Buy FormExhibit 8L
- Buyer/Borrower Closing Disclosure (Purchase) Buy FormExhibit 8LL
- Certification for No Information Reporting on the Sale or Exchange or a Principal Residence Buy FormExhibit 8M
- Buyer/Borrower Closing Disclosure (Refinance) Buy FormExhibit 8MM
- Title Insurance Affidavit Buy FormExhibit 8N
- Seller Closing Disclosure Statement Buy FormExhibit 8NN
- Mechanic’s Lien Certificate Buy FormExhibit 8O
- ALTA Settlement Statement Buy FormExhibit 8P
- Sample Promissory Note Buy FormExhibit 8Q
- Sample Mortgage Buy FormExhibit 8R
- Property Description, “Exhibit A” Buy FormExhibit 8S
- Example Deed Buy FormExhibit 8T
- Right to Cancel Buy FormExhibit 8U
- Escrow Disclosure Buy FormExhibit 8V
- First Payment Letter Buy FormExhibit 8W
- Insurance Binder Buy FormExhibit 8X
- IRS Form W-9, Request for Taxpayer Identification Number and Certification Buy FormExhibit 8Y
- IRS Form 4506-T, Request for Transcript of Tax Return Buy FormExhibit 8Z
- Notice of Availability of Owner’s Title Insurance Buy FormChapter 9 expandEthical Issues for Real Estate Lawyers
Buy ChapterAppendixLand Court Guidelines on Registered Land
Buy Chapter - Editors & Authors